從唐代 「擬判」 論法律教育─以《文苑英華》為主

The purposes of this research consist of the study on imitated judgment (Ni pan) in Tang Dynasty, and survey of the construction of knowledge, life custom and education about law at the same period. We can find from the finest blossoms in the garden of literature (Wen-yuan-ying-hua) that there are fifty volumes of imitated judgments, which, on a whole, have come into a huge amount of 1062 articles of issues. Imitated judgment, mainly inclusive of judging article and judging content, is not only the collective information base applied for examination, but also the acknowledged answers to these issues. According to the principle on length, depth, and elaboration, the essential logic as well as rhetoric conveyed from imitated judgments comprised elements of induction and deduction, the transformation of typical classics, and the ideal etiquette. This research will together current analysis with historical document survey on law and education. In addition to legislative plan, original legislative source and sequential evolution, we will observe and examine the “interaction” of law and its surrounding environment, such as outside society, historic factors, and particular events. As saying goes, circumstances alter cases. “Law reform” and “the occurrence of legislation” go hand in hand, and without them any maintenance of human institution concerned with politic and society is temporary, because there is nothing make it last. In other hand, the analytical measures will focus on two aspects: 1. What is the law education about in Tang dynasty, especially in which style how the pupils had been trained for the entrance examination in judicature department? The influence on Enlightenment book (Meng-qiu) will be generalized since the Tang Dynasty. As far as the formation of knowledge systems of scholars and judging contents are concerned, “Classics”, “History”, and Mengqiu Elementary School are all education sources. Even if the judging contents fail to clearly point out the law, the legal knowledge of scholars may not yet obscure. Using articles of law is the final measures. 2. What is the attained educational cause form law training course in Tang dynasty, particularly what kinds of legislative opinions we can grasp from the 16 series of articles in “Shi-xue-men” and what sorts of lessons we can learn from Tang-middle-age disciples? Starting from the disciplines of law education, we can discover the specific relation between tutors and pupils furthermore. Surveying historical documents in past through current analytical methods, we learn a lot lessons and apply them easily in the near future. Escaping from filling up all the mighty void of sense; instead, we step into “the dialogue with future”. The main materials are from the finest blossoms in the garden of literature, along with Bai-Dao legal precedent created by Bai Ju-yi and Lung-tsing-fong-sui Judgements (Lung tsing fong sui pan). In comparison with the collection of virtuous and brightness verdicts by famous judges of ancient china (Ming gong shu pan qing ming ji), the relative law documents such as Tang Code (Tang lu), Tiansheng Statutes (Tian sheng ling) are concerned. To sum up, the projects intend to find out how to constitute honest judges and how a judge can achieve justice, goodness and fulfill the original purpose of legislation in Tang dynasty. Besides the correlations between law examination and law practice are also discussed in the essay. In terms of the judging article and ritual law education of“Shi-xue-men”, inclusive of four items: gathering of teachers and social security, daily etiquette of student, etiquette of scholars and government officials, and the division of academic careers of scholars. If the scholar is involved in a trial, his identity is the same as the official. Etiquette is the most important rule of life.